Acts and Regulations

P-25 - Public Service Labour Relations Act

Section 78
Disposition versions

Full text
Arbitration tribunal
78(1)Where
(a) in accordance with subsection 64.1(2) or section 66, the differences between the parties are submitted to binding arbitration, or
(b) in accordance with section 73, each party informs the Board that it is willing to submit the dispute to binding arbitration,
the Board shall, by notice in writing, immediately inform both parties that the matters in dispute are to be referred to an arbitration tribunal.
78(2)Within ten days after the receipt of the notice under subsection (1) each party shall appoint a person to act as a member of the arbitration tribunal.
78(3)Within ten days after the appointment of the second of them, the two persons appointed to act as members of the arbitration tribunal shall appoint a third person to act as a member and chairperson of the arbitration tribunal.
78(4)If either party fails to appoint a person as a member of the arbitration tribunal within the time limit established under subsection (2) the Board shall make the appointment on behalf of that party.
78(5)If the two persons appointed as members of the arbitration tribunal fail to appoint a person to act as a member and chairperson of the arbitration tribunal within the time limit established under subsection (3) the Board shall make the appointment on their behalf.
78(6)If a vacancy occurs in the membership of the arbitration tribunal it shall be filled in the same manner as provided for the appointment of the member or the chairperson.
1968, c.88, s.78; 1988, c.73, s.2; 1990, c.30, s.17; 1994, c.52, s.5; 2022, c.63, s.14
Arbitration tribunal
78(1)Where
(a) in accordance with subsection 64.1(2) or section 66, the differences between the parties are submitted to binding arbitration, or
(b) in accordance with section 73, each party informs the Board that it is willing to submit the dispute to binding arbitration,
the Board shall, by notice in writing, immediately inform both parties that the matters in dispute are to be referred to an arbitration tribunal.
78(2)Within ten days after the receipt of the notice under subsection (1) each party shall appoint a person to act as a member of the arbitration tribunal.
78(3)Within ten days after the appointment of the second of them, the two persons appointed to act as members of the arbitration tribunal shall appoint a third person to act as a member and chairperson of the arbitration tribunal.
78(4)If either party fails to appoint a person as a member of the arbitration tribunal within the time limit established under subsection (2) the Board shall make the appointment on behalf of that party.
78(5)If the two persons appointed as members of the arbitration tribunal fail to appoint a person to act as a member and chairperson of the arbitration tribunal within the time limit established under subsection (3) the Board shall make the appointment on their behalf.
78(6)If a vacancy occurs in the membership of the arbitration tribunal it shall be filled in the same manner as provided for the appointment of the member or the chairperson.
1968, c.88, s.78; 1988, c.73, s.2; 1990, c.30, s.17; 1994, c.52, s.5
Arbitral awards
78(1)Where
(a) in accordance with subsection 64.1(2) or section 66, the differences between the parties are submitted to binding arbitration, or
(b) in accordance with section 73, each party informs the Board that it is willing to submit the dispute to binding arbitration,
the Board shall, by notice in writing, immediately inform both parties that the matters in dispute are to be referred to an arbitration tribunal.
78(2)Within ten days after the receipt of the notice under subsection (1) each party shall appoint a person to act as a member of the arbitration tribunal.
78(3)Within ten days after the appointment of the second of them, the two persons appointed to act as members of the arbitration tribunal shall appoint a third person to act as a member and chairperson of the arbitration tribunal.
78(4)If either party fails to appoint a person as a member of the arbitration tribunal within the time limit established under subsection (2) the Board shall make the appointment on behalf of that party.
78(5)If the two persons appointed as members of the arbitration tribunal fail to appoint a person to act as a member and chairperson of the arbitration tribunal within the time limit established under subsection (3) the Board shall make the appointment on their behalf.
78(6)If a vacancy occurs in the membership of the arbitration tribunal it shall be filled in the same manner as provided for the appointment of the member or the chairperson.
1968, c.88, s.78; 1988, c.73, s.2; 1990, c.30, s.17; 1994, c.52, s.5